Delahay v. McConnel

Citations

• 5 Scam. 156

Syllabus

<p>Error to Scott,</p> <p>1. Mortgage — foreclosure. It is not error for a court of chancery to render a final decree of foreclosure of a mortgage at the appearance term.</p> <p>2. Same — same. Upon foreclosure of a mortgage in chancery, the court f* 157] may direct that in case the money mentioned in the decree be not paid by a certain day in vacation, the mortgaged premises shall be sold by a commissioner.</p> <p>3. Same — deed absolute on face. A conveyance of real estate, though absolute in terms, if intended by the parties to be a security for the payment of a debt,Is, both at law and equity, regarded as a mortgage only; and the intention of the parties may be manifested either by a written defeasance executed simultaneously with the conveyance, or by the acts or parol declarations of the parties, (a) </p> <p>4. Same — appraisement law. The statutes requiring mortgaged premisesto be sold for two thirds their appraised value, and allowing a redemption of the same, are valid, and aifect mortgages executed before their passage; but these statutes do not change the form of the decree; they only aifect the mode of carrying it into execution, (b) </p> <p>5. Same — deed on foreclosure. A purchaser at a master or commissioner’s sale of mortgaged premises is not entitled to receive a deed, until the expiration of the time fo, redemption.</p> <p>6. Practice — re-hearing in supreme court. A motion for a re-hearing in a cause must be made at the term in which the judgment is pronounced.</p>